Fiancé Visa

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FIANCE VISA

The Fiancé Visa route enables engaged partners of British citizens or those with indefinite leave to remain or with settled status under Appendix EU to enter the UK, with limited leave to remain, and register their marriage within 6 months of entering the UK. An application for a UK Fiancé Visa will need to be made from outside the UK. 

Requirements for a UK Fiancé visa application

To successfully apply for a UK Fiancé Visa, you must demonstrate to the UK Visas and Immigration that you meet:

  • The suitability criteria outlined in Appendix FM annexed to the Immigration Rules;
  • The Financial Requirements of an application for UK Fiancé Visa, whereby you must have a gross annual earnings of at least £18,600 or savings of at least £62,500 if the applicant or the sponsor are unable to show income from employment or self-employment;
  • Your partner is a British Citizen, a person with indefinite leave to remain or with limited leave to remain under Appendix EU;
  • You and your partner are both over the age of 18 at the time of submitting your application;
  • You and your partner both intend to marry;
  • You have a genuine and subsisting relationship with your partner, and that you intend to live together permanently;
  • Any previous relationship that you or your partner may have been part of has broken down permanently;
  • You and your dependents will be adequately maintained in the UK without recourse to public funds;
  • You and your dependents will have adequate accommodation in the UK;
  • You are able to satisfy the English Language requirement of a UK Fiancé Visa.

The specific requirements, that may be applicable to you, will differ depending on your circumstances. You may wish to seek expert advice from an immigration lawyer.

If you wish to apply for a UK Fiancé Visa, speak to one of our specialised immigration lawyers for expert advice by completing our “Enquiry Form”.

Financial requirements

In order to succeed in your application for a UK Fiancé Visa, you will need to prove that you will be adequately maintained in the UK, if granted a UK Fiancé Visa, without recourse to public funds.

To meet the Financial Requirements, you will need to demonstrate that your British or settled partner (or if you’re living in the UK with a valid visa, both you and your British or settled partner jointly) has a gross annual earning of at least:

  • £18,600; plus
  • £3,800 for your first child (who is not a British citizen or has settled status); plus

£2,400 for each additional child (who is not a British citizen or has settled status).

Meeting the Financial Requirements

The Financial Requirements of a UK Fiancé Visa application can be met through one of the following sources:

  • Income generated from salaried or non-salaried income of the British or settled partner (or your own or joint salaried or non-salaried income where you are in the UK with a valid visa);
  • Non-employment income of your British or settled partner (or your own non-employment income where you are in the UK with a valid visa), e.g., income generated from property rental or dividends from shares, income from investments, bonds, trust fund or stock;
  • Your cash savings or your British or settled partner’s cash savings above £16,000 which you/ your British partner must have held under your control for at least 6 months prior to the date of the application for a UK Fiancé Visa;
  • Payments from yours or your British partner’s pension (state, occupational or private);
  • Income generated in the course of self-employment or as a director or employee of a limited company registered in the UK.

It is important to note that in some circumstances, you may be able to rely on a combination of the above sources to demonstrate that you meet the financial requirements.

Exemption from meeting the Financial Requirements

The Financial Requirements of a UK Fiancé Visa application can be met through one of the following sources:

  • Income generated from salaried or non-salaried income of the British or settled partner (or your own or joint salaried or non-salaried income where you are in the UK with a valid visa);
  • Non-employment income of your British or settled partner (or your own non-employment income where you are in the UK with a valid visa), e.g., income generated from property rental or dividends from shares, income from investments, bonds, trust fund or stock;
  • Your cash savings or your British or settled partner’s cash savings above £16,000 which you/ your British partner must have held under your control for at least 6 months prior to the date of the application for a UK Fiancé Visa;
  • Payments from yours or your British partner’s pension (state, occupational or private);
  • Income generated in the course of self-employment or as a director or employee of a limited company registered in the UK.

It is important to note that in some circumstances, you may be able to rely on a combination of the above sources to demonstrate that you meet the financial requirements.

Adequate Accommodation

To succeed in an application for UK Fiancé Visa, you must show evidence that you will have access to adequate accommodation in the UK without recourse to public to funds. The UK Visas and Immigration will not deem your proposed accommodation in the UK adequate if it is likely to amount to overcrowding as defined by the provision of the Housing Act 1985 or if it is likely to contravene public health regulations.

English Language Requirement

In order to qualify for your UK Fiancé Visa, you must be able to satisfy the UK Visas and Immigration that you speak and understand English at the required level.

To meet the English Language requirements, you must demonstrate that you are:

  • A Citizen of a majority English speaking country;
  • You have passed an English Language test at Level A1;
  • You have been granted an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
  • You are exempt from meeting the English language requirement of a UK Fiancé Visa application because you are over age of 65, have a disability that prevents you from sitting the English exam or that there are exceptional circumstances that prevent you from meeting the English language requirement prior to entry to the UK.

Evidential Flexibility in Meeting the Requirements

The Appendix FM-SE to the Immigration Rules states that decision makers at the UK Visas and Immigration have a residual discretion to contact you where they feel that any mandatory evidence relating to your UK Fiancé Visa application is missing. The decision maker has discretion to delay a decision on the application and make a request for the missing document within a reasonable timeframe. Decision makers are not under a duty to defer a decision on your application where they are of the view that the missing document, even if furnished, will not lead to grant of a UK Fiancé Visa.

The UK Visas and Immigration decision makers also retain discretion to grant your fiancé visa application where there are minor evidential issues, but it is apparent that you meet the requirements of a UK Fiancé Visa. Decision makers at UK Visas and Immigration also retain a general discretion to request any further information that they may think will assist them in reaching a proper decision on your application.

Fiancé visa validity period

If you are successful in your application for leave to enter the UK as a fiancé of a British or settled person, your visa will be valid for 6 months.

You will be required to register your marriage within 6 months of entering the UK and once your marriage is registered, you will need to apply to switch to a UK Spouse Visa. You will not be required to leave the UK in order to switch to a UK Spouse Visa. 

If you are successful in your application for a UK Spouse visa, you will be granted leave to remain for 30 months. You will need to extend your spouse visa for another 30 months to complete 5 years of residence in the UK. On completion of 5 years of residence in the UK on a spouse visa, you may be eligible for indefinite leave to remain in the UK.

What if I do not get married within 6 months?

If you are unable to register your marriage to your British or settled partner within 6 months of arriving in the UK, you can apply to the UKVI to extend your fiancé visa for a further 6months so that your marriage can take place. The UK Visas and Immigration will expect to be provided with good reasons as to why the marriage didn’t take place within 6 months of your arrival in the UK. you will also need to provide some evidence to show that your marriage can take place within 6 months if an extension is granted.

How our lawyers can help you with your UK Fiancé Visa Application

Our lawyers are specialists in UK immigration law with almost a decade of experience. We have assisted hundreds of UK Fiancé Visa applicants to prepare and submit successful UK Fiancé Visa applications.

Our immigration lawyers can provide you expert advice on meeting the requirements of the Immigration Rules, carry out a detailed assessment of your prospects of qualifying for a visa and can assist you with the preparation and submission of immigration applications.

Our lawyers combine creative energy with deep technical legal expertise to uncover innovative, out-of-the-box and unconventional strategies that help you succeed in your application even when you’re facing inherent challenges in meeting the requirements of a fiancé visa application.

We do this by deploying the following:

  • Taking a holistic approach to analysing every facet of each case and formulating strategies to comprehensively address every element of the case;
  • Bringing deep technical and substantive legal expertise;
  • Collaborative strategizing among specialist lawyers, who operate at different levels of seniority, bringing a wealth of technical expertise, tactical know-how and diversity of perspective on your matter;
  • Using Design Thinking to reframe the challenges you face with a view to redefining value and opening up the scope of solutions;
  • Designing customised strategy to meet your specific challenges.

What this means for you?

If you instruct us to take on your case, our scope of work will comprise of the following:

  • Taking detailed instructions to carry out a thorough analysis of your case;
  • Assessing your eligibility for a UK Fiancé Visa in line with the requirements as set out in the Appendix FM, Appendix FM-SE, the accompanying Policy Documents and the wider case-law jurisprudence;
  • Notifying you of the strengths and weaknesses of your case;
  • Advising you on strategies, where possible, to remedy the weaknesses in your case and better evidence the strengths of your case;
  • Providing you detailed and customised advice on the documents you need to provide in support of your application;
  • Reviewing your documents to assess whether they meet the evidential requirements of your application and to advise you if further documents are required;
  • Drafting the application form to provide to you for review and, if required, amending the application in line with your observations;
  • Preparing a detailed letter of representations to be submitted in support of your application;
  • Submitting the application form online and arranging an appointment for the enrolment of your biometrics;
  • Responding to any queries from the Home Office regarding your application
  • Addressing any queries that you may have regarding your application and any issues arising from your immigration status;
  • Corresponding with the UK Visas and Immigration (Home Office) to ensure a timely decision on your application.
  • Upon approval of the application, reviewing and ensuring that the approval documentation has been issued correctly.
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